CODE OF GEORGIA OFFICIAL ANNOTATED 2015 Supplement Including Acts of the 2015 Regular Session of the General Assembly Prepared by The Code Revision Commission The Office of Legislative Counsel and The Editorial Staff of LexisNexis® Published Under Authority of the State of Georgia Volume 27 2012 Edition Title 35. Law Enforcement Officers and Agencies Title 36. Local Government Including Annotations to the Georgia Reports and the Georgia Appeals Reports Place in Pocket of Corresponding Volume of Main Set LexisNexis® Charlottesville, Virginia — © Copyright 2013 2015 BY The State of Georgia All rights reserved. ISBN 978-0-327-11074-3 (set) ISBN 978-0-7698-4590-6 5014732 (Pub.41805) THIS SUPPLEMENT CONTAINS Statutes: All laws specifically codified by the General Assembly of the State of Georgia through the 2015 Regular Session of the General Assembly. Annotations of Judicial Decisions: Case annotations refiecting decisions posted to LexisNexis® through April 2015. These annotations will appear in the following traditional 3, reporter sources: Georgia Reports; Georgia Appeals Reports; Southeast- ern Reporter; Supreme Court Reporter; Federal Reporter; Federal Supplement; Federal Rules Decisions; Lawyers’ Edition; United States Reports; and Bankruptcy Reporter. Annotations of Attorney General Opinions: Constructions of the Official Code of Georgia Annotated, prior Codes of Georgia, Georgia Laws, the Constitution of Georgia, and the Consti- tution of the United States by the Attorney General of the State of Georgia posted to LexisNexis® through April 2015. 3, Other Annotations: References to: Emory Bankruptcy Developments Journal. Emory Law International Review. Emory Law Journal. Georgia Journal of International and Comparative Law. Law Georgia Review. Law Georgia State University Review. John Marshall Law Review. Mercer Law Review. Georgia State Bar Journal. Georgia Journal of Intellectual Property Law. American Jurisprudence, Second Edition. American Jurisprudence, Pleading and Practice. American Jurisprudence, Proof of Facts. American Jurisprudence, Trials. Corpus Juris Secundum. Uniform Laws Annotated. American Law Reports, First through Sixth Series. American Law Reports, Federal. Tables: In Volume 41, a Table Eleven-A comparing provisions of the 1976 Constitution of Georgia to the 1983 Constitution of Georgia and a Table Eleven-B comparing provisions of the 1983 Constitution of Georgia to the 1976 Constitution of Georgia. An updated version of Table Fifteen which refiects legislation through the 2015 Regular Session of the General Assembly. Ill Indices: A cumulative replacement index to laws codified in the 2015 supple- ment pamphlets and in the bound volumes of the Code. Contacting LexisNexis®: Visit our Website at http://www.lexisnexis.com for an online book- store, technical support, customer service, and other company informa- tion. If you have questions or suggestions concerning the Official Code of Georgia Annotated, please write or call toll free at 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Direct written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated 701 East Water Street Charlottesville, Virginia 22902-5389 IV TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES Chap. 1. General Provisions, 35-1-1 through 35-1-19. 2. Department of Public Safety, 35-2-1 through 35-2-140. 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-191. 6A. Criminal Justice Coordinating Council, 35-6A-1 through 35-6A-12. 8. Employment and Training of Peace Officers, 35-8-1 through 35-8-26. CHAPTER 1 GENERAL PROVISIONS Sec. Sec. 35-1-9. Utilization of alarm verifica- 35-1-18. Prohibition on minimum wait- tion required. ing periods for initiating miss- 35-1-13. Completion and transmission ing person report. of reports from victims of iden- 35-1-19. Disclosure of arrest booking tity fraud. photographs prohibited. 35-1-8. Acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons. — Cross references. Prohibition on minimum waiting periods for initiating missing person report, 35-1-18. § 35-1-9. Utilization of alarm verification required. (a) As used in this Code section, the term: ‘‘Alarm monitoring company” means any person, company, (1) corporation, partnership, business, or a representative or agency thereof authorized to provide alarm monitoring services for burglar alarm systems, fire alarm systems, or other similar electronic secu- rity systems whether such systems are maintained on commercial business property, public property, or individual residential property. 2015 Supp. 1 35-1-9 LAW ENFORCEMENT OFFICERS AND AGENCIES 35-1-13 (2) “Alarm verification” means a reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user, by telephone or other electronic means, to determine whether a burglar alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, where the initial attempted contact cannot be made, a second reasonable attempt to make such contact utilizing a different telephone number or electronic address or number. (b) Except as provided in subsection (c) ofthis Code section, an alarm monitoring company shall utilize a system providing for alarm verifi> cation of all alarm signals. (c) Alarm verification shall not be required in the case of a fire alarm or a panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified to be true by video or audible means. (Code 1981, § 35-1-9, enacted by Ga. L. 2013, p. 750, § 1/HB 59.) — Effective date. This Code section forcement agency for commercial solicita- became effective Jul—y 1, 2013. tion and was based on Ga. L. 1999, p. Editor’s notes. This Code section 1868, § 1. The former Code section was formerly pertained to the prohibition of repealed by Ga. L. 1999, p. 809, § 2, inspecting or copying records of law en- effective July 1999. 1, 35-1-13. Completion and transmission of reports from victims of identity fraud. Notwithstanding any other provision of law, any law enforcement agency that receives a report from a resident of this state that such person has been the victim of identity fraud shall prepare an incident report and transmit the same to the Georgia Bureau of Investigation identity fraud repository, as provided in Code Section 16-9-123, not- withstanding the fact that such person’s identity may have been used solely to commit one or more criminal offenses beyond the jurisdiction of this state. Copies of such incident reports shall be referred from the office of the Attorney General to the Georgia Crime Information Center as provided in Chapter 3 of this title and to any jurisdiction in which such identity has been used. (Code 1981, 35-1-13, enacted by Ga. L. § 2002, p. 551, § 4; Ga. L. 2015, p. 1088, § 25/SB 148.) The 2015 amendment, effective July first sentence, and substituted “office of 1, 2015, substituted “Georgia Bureau of the Attorney General” for “Governor’s Of- Investigation” for “Governor’s Office of fice of Consumer Affairs” near the begin- Consumer Affairs” in the middle of the ning of the second sentence. 2 2015 Supp. 35 1-18 GENERAL PROVISIONS 35 1-19 - - 35-1-18. Prohibition on minimum waiting periods for initiating missing person report. No law enforcement agency shall implement a policy or practice which mandates a minimum waiting period before initiating a missing person report with such agency; provided, however, that it shall remain within the discretion of the law enforcement agency to determine what action, if any, is required in response to such a report. (Code 1981, § 35-1-18, enacted by Ga. L. 2014, p. 704, § 2/SB 23.) — — Effective date. This Code section Editor’s notes. Ga. L. 2014, p. 704, became effective July 1, 2013. See editor’s § 1/SB 23, not codified by the General note for effective dates that precede Gov- Assembly, provides that: “This Act shall be ernor’s approval. — known and may be cited as the ‘Stacey Cross references. Kidnapping, Nicole English Act.’” § 16-5-40. Immediate investigation for Ga. L. 2014, p. 704, § 5/SB 23, approved missing person with Alzheimer’s disease, by the Governor on April 24, 2014, pro- 35-1-8. § — vided that the effective date of this Code Code Commission notes. Pursuant to Code Section 28-9-5, in 2014, Code section is July 1, 2013. See Op. Att’y Gen. No. 76-76 for construction ofeffective date Section 35-1-18, as enacted by Ga. L. provisions that precede the date of ap- 2014, p. 742, § 1/HB 845, was redesig- proval by the Governor. nated as Code Section 35-1-19. 35-1-19. Disclosure of arrest booking photographs prohibited. (a) As used in this Code section, the term “booking photograph” means a photograph or image of an individual taken by an arresting law enforcement agency for the purpose of identification or taken when such individual was processed into a jail. (b) Except as provided in Code Section 50-18-77 and booking photo- graphs required for publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry, and for use by law enforcement agencies for administrative purposes, an arresting law enforcement agency or agent thereof shall not post booking photographs to or on a website. (c) An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if: Such booking photograph may be placed in a publication or (1) posted to a website or transferred to a person to be placed in a publication or posted to a website; and (2) Removal or deletion of such booking photograph from such publication or website requires the payment of a fee or other consideration. When (d) a person requests a booking photograph, he or she shall submit a statement affirming that the use of such photograph is in 2015 Supp. 3 35-1-19 LAW ENFORCEMENT OFFICERS AND AGENCIES 35-2-41.1 compliance with subsection (c) of this Code section. Any person who knowingly makes a false statement in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20. (Code 1981, § 35-1-19, enacted by Ga. L. 2014, p. 742, § 1/HB 845.) — Effective date. This Code section Section 35-1-18, as enacted by Ga. L. became effective July 1, 2014.— 2014, p. 742, § 1/HB 845, was redesig- Code Commission notes. Pursuant nated as Code Section 35-1-19. to Code Section 28-9-5, in 2014, Code CHAPTER 2 DEPARTMENT OF PUBLIC SAFETY Article 2 property, equipment, or ser- the department; proce- Georgia State Patrol dure. Sec. 35-2-41.1. Donation or conveyance of ARTICLE 2 GEORGIA STATE PATROL 35-2-41.1. Donation or conveyance of property, equipment, or services to the department; procedure. (a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. Ifthe commissioner approves the offer, he or she shall submit a written A proposal of the offer to the board for its approval. copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget, the Senate Budget and Evaluation Office, and the House Budget and Research Office, any of which may comment on the proposal. (b) Title to real property shall be in the State of Georgia for the use of the Department of Public Safety. No member of the department shall be authorized to accept any donation or conveyance of property, equip- ment, or services unless the provisions of this Code section have been complied with and until the board has approved the donation or conveyance. (Code 1981, § 35-2-41.1, enacted by Ga. L. 1985, p. 486, § 3; Ga. L. 2008, p. VOl, § 1-16/HB 529; Ga. L. 2014, p. 866, § 35/SB 340.) 4 2015 Supp. 35-2-41.1 GEORGIA BUREAU OF INVESTIGATION T.35, C.3 The 2014 amendment, effective April “Senate Budget Of&ce” and substituted 29, 2014, part of an Act to revise, modern- “House Budget and Research Office” for ize, and correct the Code, substituted “House Budget Office” in the last sentence “Senate Budget and Evaluation Office” for of subsection (a). CHAPTER 3 GEORGIA BUREAU OF INVESTIGATION Article 1 Article 6A General Provisions DNA Sampling, Collection, and Analysis Sec. 35-3-4. Powers and duties of bureau Sec. generally. — 35-3-163. Dissemination of information 35-3-5. Director Creation; appoint- in data bank to law enforce- ment and removal; powers and ment officials; comparison of duties. profile; request for search; sep- Article 2 arate statistical data base au- Georgia Crime Information Center thorized; fee for search and comparative analysis. 35-3-33. Powers and duties of center generally. Article 7 35-3-34. Disclosure and dissemination State-Wide Alert System for Missing of criminal records to private Disabled Adults persons and businesses; result- ing responsibility and liability 35-3-171. Definitions. of issuing center; provision of 35-3-172. Development and implementa- certain information to the FBI tion of state-wide alert system in conjunction with the Na- for disabled adults and medi- tional Instant Criminal Back- cally endangered persons. ground Check System. 35-3-173. Director to be state-wide coor- 35-3-34.1. Circumstances when exoner- dinator for alert system. ated first offender’s criminal 35-3-176. Criteria for activating alert may record be disclosed. system. 35-3-36. Duties of state criminal justice 35-3-177. Verification that criteria for ac- agencies as to submission of tivation have been met. fingerprints, photographs, and 35-3-179. Termination of alert system other identifying data to cen- with respect to particular dis- ter; responsibility for accuracy. abled adult or medically en- 35-3-37. Review of individual’s criminal dangered person. history record information; def- initions; privacy consider- Article 8 ations; written application re- questing review; inspection. Alert Systems for Unapprehended Suspects Article 4 35-3-190. State-wide alert system for Missing Children Information unapprehended murder or Center rape suspects determined to be 35-3-83. Missing child reports. serious public threats. 2015 Supp. 5 T.35, C.3, A.1 LAW ENFORCEMENT OFFICERS AND AGENCIES 35-3-4 ARTICLE 1 GENERAL PROVISIONS 35-3-4. Powers and duties of bureau generally. (a) It shall be the duty of the bureau to: (1) Take, receive, and forward fingerprints, photographs, descrip- tions, and measurements of persons in cooperation with the bureaus and departments of other states and of the United States; (2) Exchange information relating to crime and criminals; (3) Keep permanent files and records of such information procured or received; (4) Provide for the scientific investigation of articles used in committing crimes or articles, fingerprints, or bloodstains found at the scene of a crime; (5) Provide for the testing and identification of weapons and projectiles fired therefrom; (6) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (7) Acquire, collect, classify, and preserve immediately any infor- mation which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the bureau shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin; (8) Exchange such records and information as provided in para- graphs (6) and (7) of this subsection with, and for the official use of, authorized officials of the federal government, the states, cities, counties, and penal and other institutions. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; (9) Identify and investigate violations of Article 4 of Chapter 7 of Title 16; (10) Identify and investigate violations of Part 2 of Article 3 of Chapter 12 of Title 16, relating to offenses related to minors; (11) Identify and investigate violations ofArticle 8 of Chapter 9 of Title 16; (12) Identify and investigate violations ofArticle 5 of Chapter 8 of Title 16; 6 2015 Supp.